Recent Cases

James v Australia and New Zealand Banking Group Limited [2022] FCAFC 18 (18 February 2022) (Rares, Murphy and Banks-Smith JJ)


PRACTICE AND PROCEDURE – bankruptcy – whether primary judge’s exercise of discretion miscarried to refuse leave to amend grounds of opposition to bankruptcy petition at beginning of trial and adjourn hearing – where amendment sought to go behind consent judgment – where allowing amendments would have required adjournment of hearing of petition – where debtor applied for adjournment either for short period to allow petitioning creditor to file evidence so as to meet amendments or until hearing and judgment in Supreme Court proceeding – whether failure to consider adjourning for short period vitiated discretion to refuse amendment